The Associated Press

CATLETTSBURG - The decision by Boyd County Commonwealth's Attorney J. Stewart Schneider to remove himself from the case of two men charged with killing a couple and setting their house on fire has drawn criticism from some fellow prosecutors.

Schneider filed a motion to withdraw from the case last week after spending a weekend at a religious retreat. Schneider also is a minister in the Christian Church (Disciples of Christ) and said he could not, in good conscience, decide whether to seek the death penalty against Patrick Campbell and Jonathon Nolan.

Calloway County Commonwealth's Attorney Cynthia Gale Cook, who is president of the Kentucky Commonwealth's Attorneys Association, said Schneider should resign if his spiritual beliefs prevent him from discharging the duties of his office.

"Prosecutors have a special ethical obligation to seek justice according to the law," she said. "They are bound by an oath of office, which is a promise to the people that they will set aside all personal consideration in the performance of their duties.

"The laws of Kentucky require, in certain circumstances, that death be the consequence of murder. A prosecutor who cannot follow the law cannot discharge the solemn obligations of his office. A prosecutor, like a soldier, cannot flinch."

Cook emphasized that she was speaking for herself and not for the association, which she said has not taken a position on the matter.

Fayette County Attorney Ray Larson, vice president of the National District Attorneys' Association, also said Schneider wasn't fulfilling his oath as a prosecutor.

"He is sworn to uphold the Constitution and the laws of the commonwealth," Larson said. "If he can't do that, I don't know what that means for him."

Schneider requested that the Kentucky Attorney General's Office appoint a special prosecutor.

Schneider said he has never prosecuted a case in which he sought the death penalty. He has been commonwealth's attorney since 1993, and before that had two stints as an assistant prosecutor dating back to 1977.